Depuy Metal On Metal Hip Litigation

DePuy ASR Hip System

Cases filed against DePuy for the ASR hip implants were consolidated in a multidistrict litigation in the U.S. District Court for the Northern District of Ohio. In November 2013, Johnson & Johnson settled an existing batch of 7,500 ASR hip lawsuits for a base figure of $250,000 per litigant. Only patients that had their ASR hip system removed (revision surgery) were included in that settlement.

Since the announcement of the initial settlement, thousands of patients have had or are now scheduled to have revision surgery as a result of the failure of their implant and/or the presence of metal in their bloodstream resulting from a breakdown of the metal implant parts. These patients continue to file claims into the consolidated action and it is expected that an additional settlement will be reached down the road. The medical devise and drug lawyers at The Emge Firm, LLP continue to accept new clients who have ASR hip systems.

DePuy Pinnacle Hip System

A second mass tort litigation concerning metal on metal hip replacements made by DePuy focuses on the DePuy Pinnacle Hip system. When the DePuy Pinnacle is coupled with a metal liner or bearing, the implant is considered a metal on metal implant. According to the U.S. Food and Drug Administration (FDA), metal on metal hip implants can result in cobalt and chromium ions being shed from the implant and absorbed into the surrounding tissue and bloodstream. The results can include metal poisoning (metallosis), unexplained hip pain, tissue damage and failure.

Thousands of these cases have been consolidated in federal court in the Northern District of Texas. This litigation is ongoing and alleges that DePuy failed to provide adequate warning of safety risks. The Emge Firm, LLP is accepting new clients who have had revision (removal) of their DePuy Pinnacle Hip system.


How do I know what type of hip replacement I had?

A common question we receive from potential clients is what should they do if they don't know the manufacturer or design of their hip implant? Some patients are provided with identification cards that contain the manufacturer's name (e.g. Stryker or DePuy). This is a start, but these cards typically don't indicate which type of implant the patient has. Your medical records will have specific identification of the manufacturer name, product name, model number and lot number.

How do I obtain my medical records?

You have a right to a copy of your medical records. You can request them directly or give your attorney authority to obtain these records. At The Emge Firm, LLP, we handle the process of obtaining medical records on behalf of our clients even where clients are unsure of the type of hip implant they had.

What if I already had revision surgery?

A number of patients have already had their defective hip implants removed or are scheduled for upcoming revision surgery. This is an important step in the healing process. If you are considering legal action to recover for the cost of the revision surgery and the pain and suffering you have experienced as a result of the defective hip, be sure to talk to your doctor about keeping the defective implant after it has been removed. Recent settlements with some manufacturers of metal on metal hip implants have only made payments to patients who have already undergone revision surgery.

How do I file a case for my defective hip implant?

The first step is consult with an attorney that understands mass tort actions and the specific litigations surrounding hip implants. The medical product and drug lawyers at The Emge Firm, LLP are currently representing clients in DePuy metal on metal hip litigation. We represent all of our clients on a contingency fee basis, which means there are no fees unless a recovery is obtained.

Contact Us for a Free Initial Consultation

Our lawyers handle a variety of medical device and drug claims that are often handled as mass torts. Contact our lawyers by e-mail or call 1-866-629-3409 to set up a free consultation today.